Massachusetts law about modifications of family law judgments and orders

Table of Contents

Table of Contents

Best bet

Family law advocacy for low and moderate income litigants, 3d ed., 2018. Mass. Legal Services.
Chapter 16 addresses modification proceedings. Online version of great book includes checklists, sample agreements and forms and so much more. Despite the title, those in all income brackets will find it useful. Best online source.

Selected Massachusetts cases

Ardizoni v. Raymond , 40 Mass. App. Ct. 734 (1996)
The standard for modification of child custody/visitation is a material and substantial change of circumstances since the prior judgment was entered and the desired change of child custody/visitation is in the child's best interest.

Barnes v. Devlin, 84 Mass. App. Ct. 159 (2013)
A father could not unilaterally stop paying child support under an agreed-upon separation agreement, where he argued that the conditions of MGL c.208 § 28. His "proper recourse, as the judge stated, would have been to initiate appropriate modification proceedings, as opposed to unilaterally stopping payments."

Cabot v. Cabot , 55 Mass. App. Ct. 756 (2002)
If an incorporated separation agreement or a divorce judgment fails to provide for a child's education, a modification complaint may be brought on the ground that the educational costs are a material and substantial change of circumstances.

Calabria v. Calabria, 91 Mass. App. Ct. 763 (2017)
“In the circumstances of this case, in which the parties expressly provided for retroactive adjustment of child support in their separation agreement, and where the adjustment fosters the best interest of the couple's minor child and does not derogate from the purposes of G. L. c. 119A, § 13, such a retroactive award was within the judge's equitable authority.”

Morales v. Morales , 464 Mass. 507 (2013)
"We conclude that the trial judge ... erred in applying a standard requiring a material and substantial change in circumstances (material and substantial change standard) rather than the standard set forth in G. L. c. 208, § 28... which provides that a child support order shall be modified 'if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines'. (inconsistency standard)."

Smith v. Edelman, 68 Mass. App. Ct. 549 (2007)
"A substantial postdivorce increase in the income of the noncustodial parent did not [warrant] an increase in child support, where the children's needs were well met and where there was no material disparity in the standards of living between the custodial and noncustodial households." “The goal of maintaining the standard of living of the family as though it had remained intact is not without limit; an increase in child support based solely on an increase in income of the noncustodial spouse may have the effect of constructively distributing the noncustodial parent’s estate, and is accordingly disfavored.”

How to make changes to your court order, Mass. Dept. of Revenue
Provides instructions and links to required forms to use when you are a DOR customer. "If you are a Department of Revenue Child Support Enforcement Division (DOR) customer and your youngest child is under the age of 17 ½ , we can assist you in going to court to ask for a modification of your child support order." Site discusses how to modify and gives instructions on how to fill out the form, offers a sample, and provides the DOR copy of the Modification form.